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Article: Canada's "newer constitutional law" and the idea of constitutional rights.
- Article from:
- McGill Law Journal
- Article date:
- September 22, 2006
- Author:
CopyrightCOPYRIGHT 2006 McGill Law Journal (Canada). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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This article places F.R. Scott's 1935 call for entrenched constitutional rights within the context of marked changes in constitutional scholarship in the 1930s--what the author refers to as the "newer constitutional law". Influenced by broader currents in legal theory and inspired by the political and economic upheavals of the Depression, constitutional scholars broke away from the formalist traditions of a previous generation and engaged in new ways of thinking and writing about Canadian constitutional law. In this new approach, scholars questioned Canada's constitutional connection to Britain and argued instead for a made-in-Canada constitutional law that could ...
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